The Megyn Kelly Show Major SCOTUS "Birthright Citizenship" Case, with Aronberg and Davis, and Charlie Kirk Murder Trial Bullet Questions, with Branca and Geragos | Ep. 1286
Apr 1, 2026
Mark Geragos, noted criminal defense lawyer and true crime host, and Andrew Branca, self-defense and firearms law expert, break down ballistic and evidentiary twists in the Tyler Robinson/Charlie Kirk homicide matter. Dave Aronberg, former prosecutor, and Mike Davis, conservative constitutional litigator, tackle the major Supreme Court birthright citizenship case and its political stakes. Multiple short, punchy conversations about court strategy, forensics, and constitutional implications.
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Trump's Presence Highlights Birthright Citizenship Stakes
- President Trump attended Supreme Court oral arguments on his executive order ending birthright citizenship, underscoring the case's political significance.
- The order aims to interpret “subject to the jurisdiction thereof” in the 14th Amendment to exclude children of illegal visitors and birth tourists.
Core 14th Amendment Text Versus Precedent Divide
- Legal advocates disagree whether "subject to the jurisdiction" means allegiance and lawful permanent status or applies broadly to all persons born in the U.S.
- Mike Davis argued the clause implies allegiance, citing Elk v. Wilkins to exclude groups like Native Americans historically; Dave Aronberg and others emphasize Wong Kim Ark precedent supporting broad jus soli.
Wong Kim Ark Looms Over Current Arguments
- Wong Kim Ark (1898) is central: the Court upheld birthright citizenship for a San Francisco-born child of Chinese parents, and later statutes repeated similar language.
- Kavanaugh queried why Congress would reuse that phrasing if it intended a narrower rule, signaling skepticism of the administration's change.